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Thursday, March 25, 2004 the Senate Met at 9:00 A.M

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STATE OF MINNESOTA Journal of the Senate EIGHTY-THIRD LEGISLATURE ________________ SEVENTY-NINTH DAY St. Paul, Minnesota, Thursday, March 25, 2004 The Senate met at 9:00 a.m. and was called to order by the President. CALL OF THE SENATE Senator Betzold imposed a call of the Senate. The Sergeant at Arms was instructed to bring in the absent members. Prayer was offered by the Chaplain, Rev. John Estrem. The roll was called, and the following Senators answered to their names: Anderson Frederickson Koering Nienow Sams Bachmann Gaither Kubly Olson Saxhaug Bakk Hann Langseth Ortman Scheid Belanger Higgins LeClair Ourada Senjem Berglin Hottinger Limmer Pappas Skoe Betzold Johnson, D.E. Lourey Pariseau Skoglund Chaudhary Johnson, D.J. Marko Pogemiller Solon Cohen Jungbauer Marty Ranum Sparks Day Kelley McGinn Reiter Stumpf Dibble Kierlin Metzen Rest Tomassoni Dille Kiscaden Michel Robling Vickerman Fischbach Kleis Moua Rosen Wergin Foley Knutson Murphy Ruud Wiger The President declared a quorum present. The reading of the Journal was dispensed with and the Journal, as printed and corrected, was approved. EXECUTIVE AND OFFICIAL COMMUNICATIONS The following communications were received. March 19, 2004 The Honorable James P. Metzen President of the Senate Dear President Metzen: On behalf of the people of Minnesota, I am honored to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State, S.F. Nos. 2182, 1799 and 1814. Sincerely, Tim Pawlenty, Governor 3000 JOURNAL OF THE SENATE [79TH DAY March 22, 2004 The Honorable Steve Sviggum Speaker of the House of Representatives The Honorable James P. Metzen President of the Senate I have the honor to inform you that the following enrolled Acts of the 2004 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23: Time and S.F. H.F. Session Laws Date Approved Date Filed No. No. Chapter No. 2004 2004 480 137 2:30 p.m. March 22 March 22 2182 138 6:52 p.m. March 19 March 22 1799 139 6:57 p.m. March 19 March 22 1814 140 7:03 p.m. March 19 March 22 Sincerely, Mary Kiffmeyer Secretary of State MESSAGES FROM THE HOUSE Mr. President: I have the honor to announce the passage by the House of the following Senate Files, herewith returned: S.F. Nos. 1745, 1748 and 2498. Edward A. Burdick, Chief Clerk, House of Representatives Returned March 22, 2004 Mr. President: I have the honor to announce the passage by the House of the following House Files, herewith transmitted: H.F. Nos. 1710, 2878, 1836, 1978, 2521, 2930, 2551, 2207, 2296, 2554, 2906 and 3005. Edward A. Burdick, Chief Clerk, House of Representatives Transmitted March 22, 2004 FIRST READING OF HOUSE BILLS The following bills were read the first time and referred as indicated. H.F. No. 1710: A bill for an act relating to employee benefits; providing that Minnesota Humanities Commission employees are eligible for certain state benefit programs; amending Minnesota Statutes 2003 Supplement, section 43A.24, subdivision 2. Referred to the Committee on Rules and Administration for comparison with S.F. No. 2337, now on the Consent Calendar. H.F. No. 2878: A bill for an act relating to state observances; designating Dr. Norman E. Borlaug World Food Prize Day; proposing coding for new law in Minnesota Statutes, chapter 10. 79TH DAY] THURSDAY, MARCH 25, 2004 3001 Referred to the Committee on Rules and Administration for comparison with S.F. No. 2537, now on the Consent Calendar. H.F. No. 1836: A bill for an act relating to the environment; clarifying permitting for mineral tailing deposition into mine pits; amending Minnesota Statutes 2002, section 116.0717. Referred to the Committee on Environment and Natural Resources. H.F. No. 1978: A bill for an act relating to motor carriers; making technical corrections to conform state law to amended federal regulations relating to truck driver hours; amending Minnesota Statutes 2002, sections 221.011, subdivision 6; 221.0314, subdivision 9. Referred to the Committee on Rules and Administration for comparison with S.F. No. 1910. H.F. No. 2521: A bill for an act relating to lawful gambling; making various changes to lawful gambling provisions; amending Minnesota Statutes 2002, sections 349.15, subdivision 2; 349.163, subdivision 9; 349.1711, by adding a subdivision; 349.18, subdivision 2; 349.19, subdivision 5; 349.2127, subdivision 8; Minnesota Statutes 2003 Supplement, sections 349.167, subdivisions 2, 4; 349.18, subdivision 1; 349.211, subdivision 1; repealing Minnesota Statutes 2002, section 349.1711, subdivision 4. Referred to the Committee on Rules and Administration for comparison with S.F. No. 2435, now on General Orders. H.F. No. 2930: A bill for an act relating to state government; requiring flags in the Capitol area to be flown at half-staff following death of a public safety officer or Minnesota military personnel killed in the line of duty; proposing coding for new law in Minnesota Statutes, chapter 1. Referred to the Committee on State and Local Government Operations. H.F. No. 2551: A bill for an act relating to commerce; regulating safe deposit companies; modifying collateral requirements applicable to depositories of local public funds; amending Minnesota Statutes 2002, section 55.15; Minnesota Statutes 2003 Supplement, section 118A.03, subdivision 2. Referred to the Committee on Rules and Administration for comparison with S.F. No. 2418, now on General Orders. H.F. No. 2207: A bill for an act relating to health; clarifying that individuals may participate in pharmaceutical manufacturer’s rebate programs; amending Minnesota Statutes 2002, section 62J.23, subdivision 2. Referred to the Committee on Rules and Administration for comparison with S.F. No. 2150, now on General Orders. H.F. No. 2296: A bill for an act relating to public safety; providing that a peace officer may operate any vehicle or combination of vehicles; amending Minnesota Statutes 2002, section 171.02, subdivision 2. Referred to the Committee on Rules and Administration for comparison with S.F. No. 2395. H.F. No. 2554: A bill for an act relating to insurance; health and accident; regulating certain dependent coverage; amending Minnesota Statutes 2002, sections 62A.042; 62C.14, subdivision 14. Referred to the Committee on Commerce. H.F. No. 2906: A bill for an act relating to local government; increasing the efficiency of payroll processing; authorizing the use of electronic time recording systems; amending Minnesota Statutes 2002, section 412.271, subdivision 2. Referred to the Committee on State and Local Government Operations. 3002 JOURNAL OF THE SENATE [79TH DAY H.F. No. 3005: A bill for an act relating to elections; changing times for voting on changing county seats; amending Minnesota Statutes 2002, section 372.07. Referred to the Committee on Elections. REPORTS OF COMMITTEES Senator Johnson, D.E. moved that the Committee Reports at the Desk be now adopted, with the exception of the reports on S.F. Nos. 2145, 2819, 2894, 1398, 1943 and the report pertaining to appointments. The motion prevailed. Senator Betzold from the Committee on Judiciary, to which was re-referred S.F. No. 2242: A bill for an act relating to health; clarifying the implementation of a birth defects information system; authorizing rulemaking; providing criminal penalties; amending Minnesota Statutes 2002, sections 13.3806, by adding a subdivision; 144.2215; proposing coding for new law in Minnesota Statutes, chapter 144. Reports the same back with the recommendation that the bill be amended as follows: Page 2, line 32, delete "under" and insert "in good faith in compliance with" Page 3, line 1, after "informed" insert "by the commissioner at the time of the initial data collection" and after "removal" insert "at any time" Page 3, line 3, before "form" insert "written" Page 3, delete lines 4 and 5 Amend the title as follows: Page 1, lines 3 and 4, delete "authorizing rulemaking;" And when so amended the bill do pass and be re-referred to the Committee on Finance. Amendments adopted. Report adopted. Senator Betzold from the Committee on Judiciary, to which was referred S.F. No. 2933: A bill for an act relating to civil actions; regulating liability; amending Minnesota Statutes 2002, section 604.01, subdivision 1; Minnesota Statutes 2003 Supplement, section 604.02, subdivision 1. Reports the same back with the recommendation that the bill do pass. Report adopted. Senator Betzold from the Committee on Judiciary, to which was re-referred S.F. No. 2437: A bill for an act relating to farm products; regulating liens and financing statements; establishing filing requirements; setting fees; amending Minnesota Statutes 2002, sections 336A.01; 336A.02; 336A.03; 336A.04; 336A.05; 336A.06; 336A.07; 336A.08; 336A.09; 336A.10; 336A.11, subdivisions 1, 2; 336A.12; 336A.13; proposing coding for new law in Minnesota Statutes, chapter 336A; repealing Minnesota Rules, parts 8265.0100; 8265.0200; 8265.0300; 8265.0400; 8265.0500; 8265.0600. Reports the same back with the recommendation that the bill do pass and be re-referred to the Committee on Finance. Report adopted. Senator Betzold from the Committee on Judiciary, to which was re-referred S.F. No. 2462: A bill for an act relating to real property; housing and redevelopment authority 79TH DAY] THURSDAY, MARCH 25, 2004 3003 residential properties; preserving housing authority ability to lease townhome and condominium properties to eligible tenants; amending Minnesota Statutes 2002, section 469.018, by adding a subdivision. Reports the same back with the recommendation that the bill be amended as follows: Page 1, line 24, after the comma, insert "or enforcing a prohibition against leasing residential units that was effective before the authority owned the unit," Page 2, line 1, delete "title that" and insert "for which title" And when so amended the bill do pass and be re-referred to the Committee on Finance.
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